Jessica's Law | |
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Florida State Legislature | |
Full name | An act relating to sexual predators and sexual offenders; providing a popular name; amending s. 775.21, F.S.; revising criteria for sexual predator designation, extending period for petition to remove sexual predator designation; creating s. 775.235, F.S.; prohibiting the harboring of a sexual predator or sexual offender; providing criminal penalties; amending s. 921.141, F.S.; creating an aggravating circumstance pertaining to sexual predators for purposes of imposing the death penalty; amending s. 947.1405, F.S.; requiring sexual offenders and sexual predators on conditional release to be placed on electronic monitoring; creating s. 947.1406, F.S.; providing requirements for electronic monitoring of sexual offenders and sexual predators on conditional release; amending s. 948.30, F.S.; requiring sexual offenders and sexual predators on community control or probation to be placed on electronic monitoring; amending s. 948.11, F.S.; providing requirements for electronic monitoring of sexual offenders and sexual predators on community control or probation; providing an effective date. |
Introduced | April 1, 2005 |
House voted | April 22, 2005 (115-0) |
Senate voted | April 21, 2005 (40-0) |
Signed into law | May 2, 2005 |
Sponsor(s) | Criminal Justice Committee |
Governor | Jeb Bush |
Code | Florida Statutes |
Bill | HB 1887 |
Website | Florida House website |
Status: Current legislation |
This article is part of a series on the |
Sex offender registries in the United States |
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Jessica's Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to protect potential victims and reduce a sexual offender's ability to re-offend which includes a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring when the victim is less than 12 years old. A version of Jessica's Law, known as the Jessica Lunsford Act, was introduced at the federal level in 2005 but was never enacted into law by Congress.
The name is also used by the media to designate all legislation and potential legislation in other states modeled after the Florida law. Forty-two states have introduced such legislation since Florida's law was passed.
The law is named after Jessica Lunsford, a young Florida girl who was kidnapped, raped, and murdered in February 2005 by John Couey, a previously convicted sex offender. Public outrage over this case spurred Florida officials to introduce this legislation. Among the key provisions of the law was classifying lewd or lascivious molestation on a person under the age of 12 as a life felony, and a mandatory minimum sentence of 25 years in prison [1] and lifetime electronic monitoring [2] of persons 18 and older convicted of lewd or lascivious molestation against a victim less than 12 years old. Lewd or lascivious molestation is defined as "A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them,... or forces or entices a person to so touch the perpetrator." The statute also requires that if an offender is sentenced to a term of years, he or she must be given lifetime probation following the imprisonment. In Florida, another charge, capital sexual battery is defined as: A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony. Sexual battery is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, except for bonafide medical purposes. The charge of capital sexual battery carries a mandatory sentence of life in prison without parole. [3]
The Jessica Lunsford Act (H.R. 1505 of the 109th Congress), was a proposed federal law in the United States — modeled after the Florida state law — which, if adopted, would have mandated more stringent tracking of released sex offenders.
The bill, if passed, would have greatly reduced federal grant money under the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. § 14071) and Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3765) to any U.S. State that failed to conform its sex offender registration laws to the following:
The bill was introduced by U.S. Republican Congresswoman Ginny Brown-Waite from Florida on April 6, 2005. It had 107 cosponsors and was referred to a subcommittee of the House Judiciary Committee, but it was never voted upon (either by any committee or the full Congress), and it died when the 109th Congress finally adjourned.
Advocates for convicted sex offenders claim that the civil rights of convicted persons and their non-offending family members is forever affected, long after the punishment has ended. Internet publication of sex offenders' home addresses continues to be upheld by the court in the name of public safety, although a series of vigilante-type murders in Maine in April 2006 have brought new concerns of misuse of the registry and for the safety of non-offending family members by private parties. Missouri civil rights attorney Arthur Benson currently awaits a decision from the Missouri Supreme Court regarding the Sex Offenders Registration and Notification Act (SORNA) litigation, Jane Doe I, et al. v. Thomas Phillips et al. [4] which "contends the act violates substantive due process rights and equal protection rights because it infringes on fundamental liberty rights, imposes a lifetime stigma, has no express purpose and, even if it serves a compelling interest, is not narrowly tailored or rationally related to that interest. They assert that, if the act is deemed to be criminal in nature, it violates the prohibition against ex post facto laws because it imposes an additional punishment, thereby altering the consequences for a crime for which they already have been sentenced."
Megan's Law is the name for a federal law in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders. Laws were created in response to the murder of Megan Kanka. Federal Megan's Law was enacted as a subsection of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994, which merely required sex offenders to register with local law enforcement. Since only a few states required registration prior to Megan's death, the state-level legislation to bring states in compliance—with both the registration requirement of Jacob Wetterling Act and community notification required by federal Megan's Law—were crafted simultaneously and are often referred to as "Megan's Laws" of individual states. Thus, the federal Megan's Law refers to community notification, whereas state-level "Megan's Law" may refer to both sex offender registration and community notification.
Sodomy laws in the United States, which outlawed a variety of sexual acts, were inherited from colonial laws in the 17th century. While they often targeted sexual acts between persons of the same sex, many statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.
Chemical castration is castration via anaphrodisiac drugs, whether to reduce libido and sexual activity, to treat cancer, or otherwise. Unlike surgical castration, where the gonads are removed through an incision in the body, chemical castration does not remove organs, nor is it a form of sterilization. Chemical castration is generally reversible when treatment is discontinued, although permanent effects in body chemistry can sometimes be seen, as in the case of bone density loss increasing with length of use of depot medroxyprogesterone acetate (DMPA).
Debra Jean Williams, better known under her former married name of Debra Lafave, is a convicted sex offender who formerly taught at Angelo L. Greco Middle School in Temple Terrace, Florida. In 2005, she pleaded guilty to lewd or lascivious battery against a teenager. The charges stemmed from a sexual encounter with a 14-year-old student in mid-2004. Lafave's plea bargain included no prison time, opting for three years of house arrest due to safety concerns, seven years of probation, and lifetime registration as a sex offender.
The Kern County child abuse cases started the day care sexual abuse hysteria of the 1980s in Kern County, California. The cases involved allegations of satanic ritual abuse by a sex ring against as many as 60 children who testified they had been abused. At least 36 people were convicted and most of them spent years in prison. Thirty-four convictions were overturned on appeal. The district attorney responsible for the convictions was Ed Jagels, who was sued by at least one of those whose conviction was overturned, and who remained in office until 2009. Two of the convicted individuals were unable to prove their innocence because they died in prison.
In Canada, England, and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of imprisonment in order to protect the public. Other countries, including Denmark and parts of the United States have similar provisions of law.
Jessica Marie Lunsford was an American nine-year-old girl from Homosassa, Florida, who was murdered in February 2005. Lunsford was abducted from her home in the early morning of February 24, 2005, by John Couey, a 46-year-old convicted sex offender who lived nearby. Couey held her captive over the weekend, during which she was raped and later murdered by being buried alive. The media extensively covered the investigation and trial of Couey.
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crimes of a sexual nature; however, some sex offenders have simply violated a law contained in a sexual category. Some of the serious crimes which usually result in a mandatory sex-offender classification are sexual assault, statutory rape, bestiality, child sexual abuse, incest, rape, and sexual imposition.
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers according to the crime committed, and mandates that Tier 3 offenders update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration, and Tier 1 offenders must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. States are required to publicly disclose information of Tier 2 and Tier 3 offenders, at minimum. It also contains civil commitment provisions for sexually dangerous people.
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes.
In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. Sex offender registration is usually accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. These may include restrictions on being in the presence of underage persons, living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet. Sex offender registries exist in many English-speaking countries, including Australia, Canada, New Zealand, the United States, Trinidad and Tobago, Jamaica, South Africa, the United Kingdom, and the Republic of Ireland. The United States is the only country that allows public access to the sex offender registry; all other countries in the English-speaking world have sex offender registries only accessible by law enforcement.
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nations Convention against Torture (CAT). The length of an indefinite imprisonment was determined during imprisonment based on the inmate's conduct. The inmate could have been returned to society or be kept in prison for life.
The Florida Statute 775.087, known as the 10-20-Life law, is a mandatory minimum sentencing law in the U.S. state of Florida. The law concerns the use of a firearm during the commission of a forcible felony. The Florida Statute's name comes from a set of three basic minimum sentences it provides for. An ongoing public service announcement campaign has accompanied the law since its passage under the slogan "Use a gun, and you're done."
Franklin v. State, 257 So. 2d 21, was a case in which the Florida Supreme Court struck down Florida's sodomy law as being "unconstitutional for vagueness and uncertainty in its language, violating constitutional due process to the defendants." The court retained the state's prohibition on sodomy by ruling that anal and oral sex could still be prosecuted under the lesser charge of "unnatural and lascivious" conduct, thus reducing the crime from a felony to a misdemeanor.
John Allen Burt was an American Christian fundamentalist, anti-abortion activist, and convicted child molester who called himself the "spiritual adviser" to murderers Michael Griffin and Paul Hill and other anti-abortionists. Burt ran "Our Father's House", which began as a Christian ministry and shelter for unwed mothers, later evolving into a private religious reformatory boarding school for "troubled" teenage girls. In 2003, he was arrested for molesting a 15-year-old girl who was living there. He was convicted and sentenced to 18 years in prison, where he died in 2013.
Sex offender registries in the United States exist at both the federal and state levels. Registries contain information about persons convicted of sexual offenses for law enforcement and public notification purposes. All 50 states and the District of Columbia maintain sex offender registries that are open to the public via websites; most information on offenders is visible to the public. Public disclosure of offender information varies between the states depending on offenders' designated tier, which may also vary from state to state, or risk assessment result. According to NCMEC, as of 2016 there were 859,500 registered sex offenders in United States.
The constitutionality of sex offender registries in the United States has been challenged on a number of grounds, generating a substantial amount of case law. The Supreme Court of the United States has twice examined sex offender registration laws and upheld them both times. Those challenging the sex offender registration and related restriction statutes have claimed violations of the ex post facto, due process, cruel and unusual punishment, equal protection and search and seizure provisions of the United States Constitution. A study published in fall 2015 found that statistics cited in two U.S. Supreme Court decisions that are often cited in decisions upholding the constitutionality of sex offender policies are unfounded. Several challenges to some parts of state level sex offender laws have been honored after hearing at the state level.
Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Murder in Florida constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.